Legal Question in Landlord & Tenant Law in California
We want to occupy space that is currently being subleased. The sub-lease expires on 3.31.2011 with option to go month to month. We have notified via us mail that we do not intend to renew and want the tenant to vacate. We are in need of the space to occupy ourselves. What form would be appropriate. The tenant is not responding to letters, email or calls
1 Answer from Attorneys
Fixed term leases, as ageneral rule, expire pursuant to their own terms therefore no notice is required. However the option to go to month to month may alter that general rule. You need to review the terms of the option regarding when and how the tenant can exercise that right. If the tenant has exercised the option, the tenancy will go month to month. Month ot month tenancy can be terminated with 30-day if the tenancy was for less than a year and 60-days if a year or more.
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